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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Saddam – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. bail plea: innocence, parity, no interrogation needed. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. commercial quantity heroin recovery and arrests. (Para 8) |
| 3. section 37 ndps twin bail conditions. (Para 9 , 10) |
| 4. co-accused custody statements inadmissible. (Para 11 , 12 , 13) |
| 5. cdrs limited value at bail stage. (Para 14 , 15 , 16) |
| 6. insufficient prima facie guilt; parity; no s27a. (Para 17 , 19 , 20) |
| 7. bail granted with conditions. (Para 22 , 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
Virender Singh, J.
Applicant Saddam has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 38 of 2025, dated 22.2.2025, registered under Sections 21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Puruwala, District Sirmour, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, at the instance of the complainant and has nothing to do with the contraband, allegedly recovered, in the present ca
Bail granted in commercial quantity NDPS case where evidence solely from inadmissible co-accused police confessions and CDRs (trial-stage evaluation), no financial links, investigation complete, pari....
The court emphasized that mere allegations and statements from co-accused do not suffice for denying bail; there must be substantial evidence establishing a prima facie case.
In commercial quantity NDPS cases, co-accused confessional statements to police inadmissible; CDRs' evidentiary value for trial; bail granted where prima facie not guilty based on weak links, parity,....
In NDPS commercial quantity bail, confessional statements to police inadmissible; CDRs' evidentiary value at trial. Absence of financial links, reliance on shelter allegation insufficient for prima f....
Bail granted in NDPS commercial quantity case as co-accused police custody statements inadmissible for conviction, CDRs' value for trial; Section 37 twin conditions satisfied via parity, lack of fina....
The court ruled that involvement of an accused must be substantiated by adequate evidence, and statements by co-accused cannot solely establish guilt under the NDPS Act.
The court ruled that statements made under police influence are inadmissible against co-accused in NDPS cases, allowing bail due to lack of prima facie evidence.
Bail granted in NDPS commercial quantity case where proprietor absent from raid site, linked only by inadmissible co-accused custody statement and expired rent agreement, satisfying Section 37 condit....
In NDPS commercial quantity cases, bail granted where accused involvement relies solely on co-accused's custodial disclosure statement, inadmissible under evidence law, satisfying Section 37 twin con....
Bail under NDPS Act requires dual satisfaction of not guilty and no risk of re-offending, which the applicant failed to prove.
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